Judgment

Thomas, J.-The military action “Opera­tion Blue Star” carried out in the Golden Temple complex at Amritsar had a series of aftermaths involving many horrendous incidents. In one such incident a leader of Sikh community, Sant Harchand Singh Longowal, was shot dead from close range distance on the evening of 20.8.1985. Appellant Gian Singh and 6 others were arraigned before a Designated Court under the Terrorists and Disruptive Activities (Preven­tion) Act, 1985 (for short “TADA 1985”) for various offences connected with the said murder. The Spe­cial Judge of the Designated Court convicted the appellant of a number of offences including Section 3(2)(i) of the TADA 1985. He was sen­tenced to death for the said offence as the Special Judge noticed that no other alternative sentence was prescribed for that offence under TADA 1985. However, lesser sentences were awarded for the re­maining offences of which too the appellant was convicted including Section 302 read with Section 34 IPC. This appeal was filed by the appellant as of right since it is so provided under Section 16 of the TADA 1985. The remaining 6 accused in the array of the indicted persons were found not guilty